Booth v Director of Public Prosecutions

Once self-defence is raised, the prosecution must disprove it beyond reasonable doubt. The absence of evidence from the complainant does not prevent that burden being discharged. A tribunal may rely on other evidence, including credible and unobstructed eyewitness evidence, to conclude that the defendant was not acting in self-defence when the assault occurred.

The appellant appealed by way of case stated against his conviction by Haverfordwest Magistrates’ Court for common assault. The magistrates accepted evidence that he punched a restaurant employee without provocation after an earlier confrontation involving another employee and a baseball bat. The complainant did not give evidence. The appellant argued that the prosecution could not disprove self-defence beyond reasonable doubt without the complainant’s testimony. He conceded that consent was no longer in issue. The central question was whether the magistrates were entitled on the evidence to convict.

1. Appeal dismissed. The magistrates were entitled to find that the prosecution had disproved self-defence beyond reasonable doubt.
2. The legal burden remained on the prosecution once self-defence was raised. That burden did not require evidence from the complainant personally.
3. The magistrates had evidence from Mr Roshik, who witnessed the incident throughout and had an unobstructed view. They found him honest and reliable and accepted his evidence.
4. On that evidence, the magistrates were entitled to conclude that Mr Rahman had shown no aggression and that the appellant was not acting in self-defence when he punched him. The fact that Mr Rahman was unavailable as a witness did not prevent that conclusion. The court noted that self-defence may similarly arise in a murder trial where the complainant cannot give evidence.
5. The appellant was ordered to pay the respondent’s costs of £750.

• High Court (Administrative Court): on an appeal by way of case stated, the court answered the magistrates’ question in the affirmative and dismissed the appeal: [2008] EWHC 956 (Admin).
• Haverfordwest Magistrates’ Court: convicted the appellant of common assault on 5 February 2007.